“Real Estate Survey” Promotion – PODS Enterprises, Inc.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND YOU ARE NOT LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY
By entering this Promotion, entrants accept and agree to be bound by these Official Rules, and the decisions of PODS Enterprises, Inc. (“Sponsor”) which are final and binding in all respects. Any violation of these rules may result in disqualification.
1. Promotion Period. The Promotion begins at 12:00:01 AM EST on July 24, 2012 and ends at 11:59:59 PM EDT on August 31, 2012 (“Promotion Period”).
2. Eligibility. The Real Estate Survey Promotion (the “Promotion”) is only open to (a) legal residents of the 50 United States and District of Columbia, (b) who are at least 18 years old as of the date of entry and (c) received a personalized e-mail invitation to participate in this Promotion.
Employees, contractors, officers, directors, of Sponsor, its parent, affiliates, subsidiaries, distributors, sales representatives, retailers, and advertising, promotion and judging agencies, and members of the immediate family (i.e., parents, children, siblings, spouse and their respective spouse) and household of such persons are not eligible to participate. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.
3. How to Enter. Neither an entry fee nor submission of a completed survey is required to enter. You may enter your name in this Promotion one time by filling out and submitting one online survey, a link to which has been e-mailed to you. Each submission must be accompanied by a completed online survey form, which appears on: http://www.zoomerang.com/Survey/WEB22G7NKTQ6FJ/Preview.
To enter without submitting a completed survey, you must mail your name, email address and physical mailing address to Real Estate Survey, PODS Enterprises, Inc., 5585 Rio Vista Drive, Clearwater, FL 33760. Entries sent by U.S. mail must be postmarked no later than August 30, 2012.
Multiple entries received from any person will be void. Any other form of entry is void. Limit one (1) entry per person/household. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
4. Winner Selection and Notification. One (1) potential winner will be selected in a random drawing corresponding to each entry on or about the September 1, 2012 (the “Drawing Date”) from among all eligible entries received. The Sponsor’s decisions are final in all matters relating to this Promotion. The potential winners will be notified, within five (5) business days of the Drawing Date, by email based on the information provided on the entry form. At the sole discretion of Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (a) potential winner’s failure to respond to notification within seven (7) business days after its transmission; (b) the return of an email notification as undeliverable after three (3) attempts; or (c) the return of the prize as undeliverable.
5. Prizes (1)/Odds: The winner will receive a American Express gift card for credit in an amount equal to Seventy Five U.S. Dollars ($75.00).
Total ARV of all prizes is USD $75.00. Prize is non-transferable and no cash equivalent or substitution of prize is offered, except at the sole discretion of the Sponsor. Odds of winning depend on the number of eligible entries received. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value. Unclaimed prizes will not be awarded.
6. Taxes and Other Fees. The winner acknowledges and agrees that he/she will be solely responsible for any applicable Federal, state and local taxes, including but not limited to personal income taxes, on prize.
7. Consent and Release. By entering the Promotion, each entrant agrees (and agree to confirm in writing): (a) to release and discharge the Sponsor, and its respective affiliates, subsidiaries, advertising/promotion agencies, successors and assigns and each such company’s respective officers, directors, employees, agents, and any other party associated with the development or administration of the Promotion (collectively, “Sponsor Entities”), from any and all liability, loss or damage incurred with respect to the awarding, receipt, possession and/or use or misuse of any prize, including any travel related thereto legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light); (b) under no circumstances will entrant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
The winner agrees to allow Sponsor to use his or her name, photograph, voice and/or likeness of the winner for advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now known or hereinafter invented without territorial or time limitations and without further compensation where permitted by law. Any potential winner may be required to sign an affidavit of eligibility and a release of liability. Affidavits and releases must be returned within seven (7) business days from the date that Sponsor first tries to notify the potential winner, or prize may be forfeited. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants, as applicable. 8. Disclaimers.
(a) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (b) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (c) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. (d) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (e) Entrants may not register with multiple email addresses nor may entrants use any other device or artifice to register multiple times or as multiple entrants. Any entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion.
9. Applicable Laws and Jurisdiction. This Promotion is subject to all applicable federal, state, and local laws and regulations. By entering, entrants agree that all issues concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by the laws of the State of Florida, without giving effect to any choice of law or conflict rules. By entering, entrants consent to the jurisdiction and venue of the federal, state and local courts located in Pinellas County, Florida.
10. Winner List. For a list containing the name of the winner, send a self-addressed stamped envelope, by December 31, 2012, to: Real Estate Survey, PODS Enterprises, Inc., 5585 Rio Vista Drive, Clearwater, FL 33760.
11. Sponsor: PODS Enterprises, Inc., 5585 Rio Vista Drive, Clearwater, FL 33760.